M/S.MAHAVIR RICE MILL, RAYAGADA v. ORISSA STATE FINANCIAL CORPORATION, O.M.P.SQUARE, CUTTACK
WP(C)/33943/2025 · 2026-03-16
Chittaranjan Dash, Dixit K S
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 664 (ORI) · dailylaw.ai ]
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[ 2025 DAILYLAW 664 (ORI) · dailylaw.ai ]
Judgment text
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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.33943 of 2025
M/s. Mahavir Rice Mill, Rayagada …. Petitioner
Represented by Adv.- Mr. S. K. Mishra, Sr., Adv.
-versus-
Orissa State Financial Corporation, O.M.P. Square, Cuttack & Ors. …. Opp. Parties
Represented by Adv.- Mr. A. Routray, Adv.
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER 16.03.2026
The borrower has presented this Petition under Articles 226 & 227 of the Constitution of India for laying a challenge to the coercive action of recovery pursuant to auction notice dated
07.03.2026. Learned Sr. Advocate Mr. Mishra appearing for the Petitioner submits that the business loan was availed in the year, 2000 in a sum of Rs.23,98,040/- (Rupees Twenty-Three Lakh Ninety Eight Thousand Forty) only and therefore, as on this day, the outstanding amount is stated to be Rs.9,29,44,095/-(Nine Crore Twenty-Nine Lakh Forty-Fourt Thousand Ninety-Five) only. He submits that there being some lapses on the part of the
Order No.
06. p. 2 lending agency, for establishing the rice mill for which the loan was availed, could not fortify functionally. Now, counsel submits, his client is ready and willing to pay the principal amount but certainly not able to pay the interest that has accrued in crores on the same. Learned Panel Counsel appearing for the OSFC submits that the Petitioner had given a representation for waiver of the interest and that has been rejected on 10.03.2025 with a suggestion that it was open to him to apply for OTS, if he so chooses. However, Petitioner did not avail that opportunity till date and therefore, this Court should not interfere in writ jurisdiction. We agree with this.
In the above circumstances, Petition is disposed off.
No costs.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit) Judge
(Chittaranjan Dash) Judge
Prasant